Ind. Code ch. 5-15-6

Ind. Code ch. 5-15-6
in effect

Ind. Code § 5-15-6-1 County commissions of public records; creation; membership; meetings

Sec. 1. (a) A commission is hereby created in each county of the state which shall be known as the county commission of public records of ________________ county. (b) The county commission shall consist, ex officio, of: (1) the judge of the circuit court or the judge's designee; (2) the president of the board of county commissioners or the president's designee; (3) the county auditor or the auditor's designee; (4) the clerk of the circuit court or the clerk's designee; (5) the county recorder or the recorder's designee; (6) the superintendent of schools of the school district in which the county seat is located or the superintendent's designee; and (7) either: (A) the city controller of the county seat city or the city controller's designee; or (B) if there is no city controller as described in clause (A), then the clerk-treasurer of the county seat city or town. (c) The commission shall elect one (1) of its members to be chairman. The clerk of the circuit court or the county recorder must be secretary of the commission. The person who serves as secretary shall be determined as follows: (1) By mutual agreement of the clerk of the circuit court and the county recorder. (2) If a mutual agreement cannot be reached under subdivision (1), by an affirmative vote of a majority of members of the county commission. The commission shall provide to the administration the names and contact information for the chairman and secretary not later than thirty (30) days after the date of the determination. The members of the county commission shall serve without compensation and shall receive no disbursement for any expense. (d) The county commission shall meet at least one (1) time in each calendar year. Formerly: Acts 1939, c.91, s.1; Acts 1955, c.319, s.1; Acts 1969, c.141, s.1; Acts 1972, P.L.41, SEC.1. As amended by P.L.50-1991, SEC.3; P.L.78-2014, SEC.1; P.L.171-2015, SEC.31.

Ind. Code § 5-15-6-1.1 "Administration"

Sec. 1.1. "Administration" means the Indiana archives and records administration created by IC 5-15-5.1. As added by P.L.171-2015, SEC.32.

Ind. Code § 5-15-6-1.2 "County commission" or "commission"

Sec. 1.2. As used in this chapter, "county commission" or "commission" refers to the county commission of public records created by section 1 of this chapter. As added by P.L.50-1991, SEC.4.

Ind. Code § 5-15-6-1.3 "Indiana state archives"

Sec. 1.3. As used in this chapter, "Indiana state archives" has the meaning set forth in IC 5-15-5.1-1. As added by P.L.50-1991, SEC.5.

Ind. Code § 5-15-6-1.4 "Local government"

Sec. 1.4. As used in this chapter, "local government" means a political subdivision (as defined in IC 36-1-2-13). As added by P.L.50-1991, SEC.6.

Ind. Code § 5-15-6-1.5 "Public record" or "record"

Sec. 1.5. As used in this chapter, "public record" or "record" means a record (as defined in IC 5-15-5.1-1), except that "public record" or "record" means local government rather than state and local government documentation. As added by P.L.50-1991, SEC.7. Amended by P.L.171-2015, SEC.33.

Ind. Code § 5-15-6-1.6 "Records management"

Sec. 1.6. As used in this chapter, "records management" means a program to apply management techniques to the purchase, creation, utilization, maintenance, retention, preservation, and disposal of records undertaken to improve efficiency and reduce costs of record keeping, including management of the following: (1) Filing and microfilming equipment and supplies. (2) Filing and information retrieval systems. (3) Records. (4) Historical documentation. (5) Micrographic retention programming. (6) Critical records protection. As added by P.L.50-1991, SEC.8.

Ind. Code § 5-15-6-1.7 "Retention schedule"

Sec. 1.7. As used in this chapter, "retention schedule" has the meaning set forth in IC 5-15-5.1-1. As added by P.L.50-1991, SEC.9.

Ind. Code § 5-15-6-2 Duties of county commission

Sec. 2. (a) It shall be the duty of the county commission to review and approve orders under section 7 of this chapter subject to compliance with an approved retention schedule. (b) The county commission may request the assistance of the administration in developing records management programs. Formerly: Acts 1939, c.91, s.2. As amended by Acts 1979, P.L.40, SEC.17; P.L.50-1991, SEC.10; P.L.171-2015, SEC.34.

Ind. Code § 5-15-6-2.5 Retention schedules; records not covered under schedules; exceptions to schedules; documentation of disposition; jurisdiction over records

Sec. 2.5. (a) The county commission shall implement retention schedules for use by local government officials as part of a records management program for local government public records not more than thirty (30) days after adoption by the oversight committee on public records as established by IC 5-15-5.1-18. (b) All requests to destroy, transfer, or otherwise dispose of records that are not covered by an approved retention schedule are to be submitted to the county commission and administration according to the procedure established under this chapter. (c) Requests for exceptions to an approved retention schedule shall be submitted to the county commission. The commission may not consider requests for retention of records that are shorter in duration than the approved retention schedule. (d) Local government officers shall submit documentation of destruction, transfer, or other disposal of records according to an approved retention schedule to the county commission with a copy submitted to the administration. (e) Whenever a local government includes parts of more than one (1) county, the commission of the county that contains the greatest percentage of population of the local government has jurisdiction over the records of the local government for the purposes of this chapter. As added by P.L.50-1991, SEC.11. Amended by P.L.84-2012, SEC.18; P.L.171-2015, SEC.35.

Ind. Code § 5-15-6-3 Prerequisites to destruction of financial records

Sec. 3. No financial records or records relating to financial records shall be destroyed until the earlier of the following actions: (1) The audit of the records by the state board of accounts has been completed, report filed, and any exceptions set out in the report satisfied. (2) The financial record or records have been copied or reproduced in accordance with a retention schedule or with the written consent of the administration. Formerly: Acts 1939, c.91, s.3; Acts 1955, c.319, s.2. As amended by P.L.50-1991, SEC.12; P.L.74-1995, SEC.5; P.L.47-1997, SEC.1; P.L.10-1997, SEC.10; P.L.79-1998, SEC.9; P.L.171-2015, SEC.36.

Ind. Code § 5-15-6-4 Prohibition against destroying or removing records less than three years after filing except according to approved retention schedule

Sec. 4. (a) Except as provided in subsection (b), no records shall be destroyed, removed, or transferred from any office until a period of at least three (3) years shall have elapsed from the date on which the records were filed, nor even after that time if the records are in frequent use by the officer having charge of the office. (b) Records may be destroyed, removed, or transferred from any office before three (3) years elapse after the date on which the records were filed if the destruction, removal, or transfer is according to an approved retention schedule. Formerly: Acts 1939, c.91, s.4. As amended by P.L.50-1991, SEC.13; P.L.171-2015, SEC.37.

Ind. Code § 5-15-6-5 Records having official value; state archives

Sec. 5. Public records having an official value but which are used infrequently by the officer with whom they are filed or maintained shall, on order of the commission and the consent of the administration, be removed and transferred to the Indiana state archives. Formerly: Acts 1939, c.91, s.5. As amended by P.L.50-1991, SEC.14; P.L.171-2015, SEC.38.

Ind. Code § 5-15-6-6 Records having historical value; state archives

Sec. 6. Public records having no apparent official value, but having a historical value shall be transferred to and shall, with the consent of the administration, constitute a part of the Indiana state archives. Formerly: Acts 1939, c.91, s.6. As amended by P.L.50-1991, SEC.15; P.L.171-2015, SEC.39.

Ind. Code § 5-15-6-7 Order of commission that public records be destroyed, removed, or transferred; genealogical or historical society may obtain records

Sec. 7. (a) When any public records are ordered to be destroyed, removed, or transferred, the commission shall enter an order to that effect on its minutes, stating the date on which the order is entered and a general description of the public records which the commission orders to be destroyed, removed, or transferred. (b) A copy of any order to destroy public records shall be delivered to: (1) the administration; (2) any active genealogical society of the county; and (3) any active historical society of the county; not later than sixty (60) days before the destruction date, accompanied by a written statement that the Indiana state archives or society may procure at its expense such records for its own purposes. (c) The order delivered under subsection (b) must state that the records will be made available to the Indiana state archives, the genealogical society, or the historical society subject to the following provisions: (1) Genealogical or historical societies of the county which have an active organization shall have priority in the procuring of the public records. (2) If there is more than one (1) genealogical or historical society of the county with an active organization, the earliest established genealogical or historical society shall have priority in the procuring of the public records. (3) In order to procure all or part of the public records included in the order, a genealogical or historical society must offer to the Indiana state archives sufficient proof of ability to properly preserve the records in question, or the state archives may deny the records to the genealogical or historical society and give priority to another genealogical or historical society in the county or the Indiana state archives. (4) If within thirty (30) days of the delivery of the destruction order to the genealogical or historical society, the society has not notified the commission of an intent to procure all or part of the records included in the order, the Indiana state archives may upon request procure at the archive's expense the records for the archive's own purposes within the remaining time in the sixty (60) day period. (5) If a genealogical or historical society that has obtained records under this section subsequently wishes to destroy, transfer, or otherwise dispose of these records, the genealogical or historical society shall submit a request to the county commission for authorization to destroy, transfer, or otherwise dispose of the records according to the procedure set forth in this chapter. (6) Records obtained by a genealogical or historical society under this chapter remain public records and are subject to all applicable public records laws. Formerly: Acts 1939, c.91, s.7; Acts 1963, c.341, s.1. As amended by P.L.51-1991, SEC.1; P.L.50-1991, SEC.16; P.L.171-2015, SEC.40.

Ind. Code § 5-15-6-8 Reckless, knowing, or intentional destruction or damage to public records; offense; exceptions

Sec. 8. A public official or other person who recklessly, knowingly, or intentionally destroys or damages any public record commits a Level 6 felony unless: (1) the commission shall have given its approval in writing that the public records may be destroyed; (2) the commission shall have entered its approval for destruction of the public records on its own minutes; or (3) authority for destruction of the records is granted by an approved retention schedule established under this chapter. Formerly: Acts 1939, c.91, s.8. As amended by P.L.50-1991, SEC.17; P.L.158-2013, SEC.79.

Ind. Code § 5-15-6-9 Repealed

Formerly: Acts 1939, c.91, s.9; Acts 1955, c.319, s.3. As amended by P.L.25-1986, SEC.88. Repealed by P.L.50-1991, SEC.19.

Ind. Code § 5-15-6-11 Application of chapter

Sec. 11. This chapter does not apply to public records of a hospital established and operated under IC 16-22 and IC 16-23. As added by P.L.40-1992, SEC.1. Amended by P.L.2-1993, SEC.51; P.L.184-2005, SEC.1.

Ind. Code § 5-15-6-12 Retention of compilation or creation of list or report; considerations

Sec. 12. Notwithstanding any other provision of this chapter, a local government official is not required to retain a compilation or creation of a list or report if: (1) the list or report: (A) consists solely of information contained in public records; and (B) is generated by a computer program; and (2) the compilation or creation does not result in the permanent electronic storage of the information. As added by P.L.58-1993, SEC.14.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026

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